Nancy Smith is nationally recognized as one of the leading attorneys in the field of innovative contracting and finance for infrastructure project development. She helped pioneer the use of design-build, design-build-operate-maintain, and public-private partnership methodologies on projects ranging from airports to joint highway and transit corridors.
Ms. Smith represents public agency project owners including state departments of transportation and local transportation agencies, and advises states developing design-build programs.
With a passionate interest in seeing projects through to completion, Ms. Smith guides her clients through the entire project delivery process, from determining appropriate contracting methodologies to contract close-out and warranty enforcement. She has a sophisticated sense of what makes projects successful – gained through of her own experience and high level investigations into innovative contract administration procedures and finance tools in Europe.
Ms. Smith is frequently asked to speak or write about design-build and innovative contracting at key industry conferences and in professional publications.
Representative Work
Alameda Corridor Transportation Authority. Lead attorney for ACTA's $712 million Mid-Corridor Design-Build Project; involved in contract administration and claims avoidance for the entire Alameda Corridor and assisted in project finance.
City of San José - Norman Y. Mineta San José International Airport. Key member of the team assisting the City in negotiating and administering a $500+ million design-build contract for improvements to the Norman Y. Mineta San José International Airport.
Colorado Department of Transportation/Regional Transportation District. Developed procurement and design-build contract documents for the award winning $1.2 billion Transportation Expansion Project (T-REX), the first design-build contract in the U.S. combining major highway and light rail transit elements.
Foothill/Eastern and San Joaquin Hills Transportation Corridor Agencies. Providing legal oversight for contracting and procurement issues since 1981. Lead attorney for over $2 billion of design-build contracts and operation and maintenance contracts for toll roads, facilities and systems; ongoing involvement in contract administration, claims avoidance and project finance.
Maryland State Highway Administration – Intercounty Connector (ICC). Assisted in procurement strategy and development of procurement and contract documents for a 19-mile greenfield toll road project through environmentally sensitive areas. The ICC will be developed through multiple design-build contracts, procured using a "best value" selection process.
Metro Gold Line Construction Authority - Gold Line Light Rail Project. Lead attorney for $300 million design-build contracts for the successful development of the Gold Line; involved in contract administration and claims avoidance.
Metropolitan Transit Authority of Harris County, Texas (Houston METRO). Lead outside counsel for the METRO Solutions Phase 2 Program to develop four light rail lines. Her role has included: assistance in risk analysis and strategic planning; development of procurement and contract documents; participation in industry review meetings; negotiation of preliminary contracts with the selected developer; negotiation of implementation agreements with the team members responsible for design, construction, supply of vehicles and operations and maintenance of the project; participation in the finance working group; and interaction with FTA representatives in connection with participation in the Penta P Program. Financial close and notices to proceed with the second phrase are expected in 2009.
New Jersey Transit Corporation – Hudson-Bergen Light Rail Transit Project and River Line Project. Developed the $800 million design-build-operate-maintain contract for the 20-mile Hudson-Bergen LRT project and the $675 million design-build-operate-maintain contract for the first phase of the 34-mile River Line project.
Washington State Department of Transportation – Design-Build Projects. Assisted WSDOT in development of its design-build procurement and contract documents, including for the Alaskan Way Viaduct, Tacoma Narrows Bridge and the Urban Corridors Projects.
Los Angeles County Transit Lines. Lead attorney for innovative contracts for transit projects within the County's transit system. For certain projects, services were provided directly to the Los Angeles County Metropolitan Transit Authority; for other projects she was engaged by separate construction authorities. Projects include:
- Los Angeles Metro PPP Program: key member of the Authority's program management team.
- Gold Line LRT: key member of the team that developed procurement and contract documents for the Arroyo Seco design-build projects (opened in 2003) and the Foothill Extension design-build projects (awarded in 2011).
- San Fernando Valley Bus Rapid Transit Line (Orange Line), opened in 2005.
- Gold Line LRT Eastside Extension (opened in 2009).
- Exposition Line LRT (initial segment opened November 2011; design-build contract for extension awarded in 2011).
Utah Department of Transportation – Design-Build and PPPs. Advising the Department on PPP legislation adopted in 2006. Also served as Primary attorney responsible for implementation of UDOT's $1.4 billion design-build-maintain contract for reconstruction of approximately 17 miles of Interstate 15 in Salt Lake City. Currently working on Region 3 Design-Build Program.